Consistency & costs

New planning appeal rules will alter the planning process, and consultants and LPA officers need to be ready. For Local Planning Authorities, the new 2026 guidance shifts the entire burden of defence onto the Officer's Report and Committee Minutes.

What is changing?

Since there is often no Statement of Case in the new expedited procedure, the LPA's case is formed by the original decision notice and the minutes of the meeting. If a Committee goes against an Officer's recommendation without "sufficiently detailed" reasons (Section 3.1.4), the LPA is highly vulnerable to an award of costs for unreasonable behaviour.

Similarly, a planning consultant's submission will now typically form the basis of any appeal.

Why this matters

Transparency is now a legal and financial necessity. Quality research and confident policy interpretation has never been more important. LPAs must ensure their decisions are consistent with the Planning Inspectorate's interpretation of policy.

How to adapt

• Benchmark with precision: Use our LPA Historical Profiles to see where your authority's decisions are most frequently overturned.
• Surface specific policy: Check policy interpretations against the original Inspector's reasoning.
• Link back to source: Check original planning arguments and documents by referencing the original planning application.
• Verify the precedent: Ensure Committee reasons for refusal are backed by the same "Decisive Arguments" currently being upheld by Inspectors.

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Source check: See Section 3.2 regarding "Awards of Costs" in the new PINS procedural guidance for applications dated on or after 1 April 2026: https://www.gov.uk/guidance/planning-appeals-procedural-guide-for-appeals-relating-to-applications-dated-on-or-after-1-april-2026#introduction